Terms of Use for visitestonia.com and puhkaeestis.ee

1. Definitions

1.1 Database – a set of content that is organised according to conditions set out by the Administrator and that is accessible via the Website and Software;
1.2 Open Data – Content related to a tourism product or service (excluding images, videos, and translations) added by the User to the Tourism Information System, which the Administrator makes freely and publicly available in machine-readable format via the Open Data portal (avaandmed.eesti.ee);
1.3 Administrator – the owner of the Tourism Information System, responsible for its management and development;
1.4 Personal Data – data that enables identification of a natural person;
1.5 User – a natural or legal person who uses the Tourism Information System and Services;
1.6 Conditions of use – general terms and conditions established by the Administrator, which are accessible to the User on the Website visitestonia.com/en/terms-of-use;
1.7 Contract – an agreement between the Administrator and the User for the use of the Tourism Information System and Services;
1.8 Content – any form of data and materials that can be made available through the Website, incl. texts, translations, images, links, videos, files, etc.;
1.9 Software – a computer programme used to access the Database; to collect, enter and save Content in the Database; to conduct searches in the Database based on various parameters; to make the Database available to the Users and for conducting other operations necessary for the functionality of the Website and for the provision of Services;
1.10 Services – all services offered to Users through the Tourism Information System, through which Users can add and consume Content, conduct searches in the Database, receive automatic notifications, etc.;
1.11 Tourism Information System - Websites, Software, Content, and Database linked with various relations thereof;

1.12 Tourism Product and Service – A product or service offered to tourists to enrich their travel experience, including accommodation, catering, guide services, excursions, cultural, nature, and leisure activities;
1.13 Websites – a set of all online documents (incl. images, PHP and HTML files, campaign pages) accessible via visitestonia.com and puhkaeestis.ee and their sub-domains.

2. Data concerning the Administrator

2.1 The Administrator is Estonian Business and Innovation Agency (non-profit associations and foundations register code: 90006012, Sepise tn 7, 11415 Tallinn, website: www.eis.ee).
2.2 Any questions, complaints, proposals, requests and applications related to the Tourism Information System should be submitted to the Administrator by using one of the following contact options:
   2.2.1 telephone +372 627 9770;
   2.2.2 e-mail address info@visitestonia.com – an email sent to this address is deemed to have been received by the Administrator if the Administrator sends a reply or confirmation of receipt of the email;
   2.2.3 postal address Sepise 7, 11415 Tallinn – the letter sent to this address is deemed to have been received by the Administrator in accordance with the procedure provided for in the General Part of the Civil Code Act;
   2.2.4 and if you have any questions, concerns, or complaints regarding your personal data, please feel free to contact us by sending an e-mail to andmekaitse@eis.ee. 

3. Conclusion and the Terms and Conditions of the Contract

3.1 In order to use the Tourism Information System and Services, every User is required to conclude a Contract with the Administrator. If several different persons are able to use the Tourism Information System or Services on behalf of the User, the Contract concluded with the User shall extend to all these persons as well. A Contract shall be deemed concluded if:
   3.1.1 the User marks the checkbox 'I agree to the terms' in the Website account creation request and clicks the 'Submit application' button; 

   3.1.2           the Administrator and the User have mutually signed a document containing the Agreement terms.
3.2 Login to the user account takes place via the TARA interface.
3.3 The prerequisite for the conclusion of the Contract is that the User agrees to the Conditions of Use. If several different persons are able to use the Tourism Information System and Services on behalf of the User, then all of them have to provide separate consent to the Conditions of Use. The User agrees to the Conditions of Use if they send an application to the Administrator for creating a user account on the Website or when they conclude a Contract with the Administrator or continue to use the Tourism Information System or Services after the Conditions of Use have changed.
3.4 The Administrator may impose additional terms and conditions to each Service, which will be considered integral parts of the Conditions of Use. Additional conditions and price lists are accessible to the User on the Website's page www.visitestonia.com/en/terms-of-use and or on a page concerning the particular Service on the Website and/or in the instructions of the Service and/or agreed upon in a separate Contract concluded with the User.
3.5 The User is required to read the Conditions of Use thoroughly prior to concluding the Contract and to submit a confirmation of agreeing to the conditions, should the Administrator request this.
3.6 The Conditions of Use have been compiled in Estonian. The Administrator will make the Conditions of Use available for Users in other languages as well, in order to facilitate easier understanding of the conditions. In case of discrepancies between the Estonian version and the translation, the Estonian version shall prevail.
3.7 The User and the Administrator may agree on different Conditions of Use or additional Terms and Conditions of the Contract.

4. Using the Tourism Information System and Services

4.1 The Tourism Information System and Services were created in order to:
   4.1.1 support the growth and development of tourism exports;
   4.1.2 ensure well-structured, customer-centric, high-quality, impartial and relevant tourism information that is made accessible to all stakeholders and is usable as machine-readable open data in accordance with applicable data standards.
4.2 The Tourism Information System and Services may only be used to the extent, for the purpose, and with the objectives for which the functionalities of the Tourism Information System have been created and made available to the User. Use must comply with the Agreement, the Terms of Use, the good practices applicable within the Tourism Information System, and the relevant legislation. This means, among other things, that the User may not:
   4.2.1 use of the Tourism Information System and Services for committing offenses or encouraging offenses; 
   4.2.2 sell, rent or license the Tourism Information System or any part thereof for a fee, except if it belongs to the User or if the User is the owner of the respective intellectual property rights;
   4.2.3 decompile or reverse engineer the Software or otherwise attempt to derive the source code of the Software, except in cases of lawful use for free use;
   4.2.4 use the Tourism Information System or Services in an extent the conditions of which they do not agree to.
4.3 The User must seek prior consent of the Administrator, at least in a format that can be reproduced in writing, if the User wants to:
   4.3.1 provide or intermediate Services to third parties for the purpose of earning income or other commercial gain;
   4.3.2 use of the Tourism Information System or any part thereof, in any other manner or purpose than what has been set out in the Contract or the Conditions of Use;
   

4.3.3 use the Tourism Information System or any part thereof by using programmes that send automatic queries to the Tourism Information System;
   4.3.4 interface the Tourism Information System or any part thereof with the systems of the User or of third parties;
   4.3.5 use the Tourism Information System, any part thereof or Services in any other legal way.
4.4 Using the Website is only permitted for general-purpose web browsers such as, but not limited to, Google Chrome, Microsoft Edge, Safari, Mozilla Firefox, etc.
4.5 The Tourism Information System and Services are intended to be used via personal computers, tablets, and mobile phones. The Administrator shall not be held liable if the Tourism Information System or Services do not function due to reasons related to the User’s device.

5. Open Data

5.1 Based on the objectives of the Tourism Information System and Services outlined in clause 4.1, the Administrator has the right to make publicly available, as open data, the data and Content related to tourism products and services that have been added to the Tourism Information System by the User and intended for public use.
5.2 The scope of open data includes only the data related to tourism products and services that the User has explicitly made publicly available through the Tourism Information System. The Administrator shall not publish, as open data, any personal data (including the User’s personal data), photos or video materials related to tourism products and services, or translations of the Content into other languages.
5.3 The dataset of tourism-related open data and the terms of its use are provided on the Open Data portal.

6. User account

6.1 To use the Services and the Tourism Information System, the User must create a user account on the Website. For this purpose, the User must provide the information required by the Administrator, express their agreement with the Terms of Use, and submit an application for account creation either by email or via the designated section of the Website. When creating the user account, the User must first enter the details of the owner of the Tourism product or service on whose behalf they will be using the Services and the Tourism Information System. These details will be retrieved from the Business Register (Äriregister) and must include: the company name, registration number, address, phone/mobile/fax number, email address, and website URL. Regarding the User's own information, the required data includes: first name, last name, personal identification code, phone number, email address, and their relationship with the legal entity.
6.2 The Administrator may set additional terms and conditions for creating a user account on the Website.
6.3 The prerequisite for entrepreneurs for opening a user account on the Website is that Tourism products or services are the main activity of the company or it provides services in the field of tourism on the domestic or foreign markets. In case of doubt, the Administrator may require the entrepreneur to provide additional evidence of their main activities and the nature of the services in order to assess whether it is actually related to the field of tourism.

6.4 If multiple Users are authorized to use the Tourism Information System or Services on behalf of a Tourism product or service owner, a separate user account will be created on the Website for each individual. A natural person submitting an application to create a user account on behalf of a Tourism product or service owner is presumed to have the right of representation, and the Administrator is not obligated to verify the existence of such authorization. In case of doubt, the Administrator may request additional documents or information from the User to prove their right of representation or may contact the tourism product or service owner directly to confirm the authorization. One and the same individual may be associated with and represent multiple different Tourism product or service owners simultaneously. If it becomes evident that the User does not have the right to represent the Tourism product or service owner, the Administrator has the right to refuse the creation of a new account or to close an existing account.
6.5 Each user account is linked to one specific email address. This means that several different user accounts cannot be linked to the same email address.
6.6 Depending on the role and needs of the User or their representative, the Administrator may open user accounts for different Users and their representatives with different rights and obligations.
6.7 The User undertakes to keep their user account login credentials confidential and to ensure that such information does not come into the possession of third parties.
6.8 The Administrator has the right to forward, to the e-mail address specified by the User on their user account, messages and newsletters concerning updates of the Tourism Information System, its campaigns, changes in the Conditions of Use, developments in the tourism sector, etc
6.9 The user account is valid for an indefinite period, until deletion or until the termination of the Contract.

6.10 The User may at any time request the deactivation of their user account by submitting, to the Administrator, a corresponding application, which will also be considered to be a statement of termination of the Contract, and after which the Administrator shall cease to process personal data. Upon user account deactivation, the User's data and the content they have added will remain in the Tourism Information System, and the User may, if they wish, link them with their user account again when they reactivate their account.
6.11 The User or their representative must immediately inform the Administrator:
   6.11.1 of the loss of their username or password or of those having been obtained by third parties;
   6.11.2 if the User has left the employment of the Tourism product or service owner, is no longer involved in data management, or for any other reason no longer has the right to act within the Tourism Information System or use the Services on behalf of the Tourism product or service owner.
6.12 The Administrator is not liable for:
   6.12.1 a violation conducted through the User Account or a violation of the Conditions of Use and its consequences, including damage to the User, regardless of whether the person at fault was authorized or unauthorized to use the user account by the relevant User;
   6.12.2 the loss of a User's username or password or the unauthorized access of third parties and resulting consequences, including damage to the User;
   6.12.3 if the User has failed to notify the Administrator that they no longer have the right to act within the Tourism Information System or use the Services on behalf of the Tourism product or service owner, and for any resulting consequences, including any damage caused to the Tourism product or service owner. In such cases, the User bears full responsibility.

7. Content requirements

7.1 If the User adds Content to the Tourism Information System, they must ensure that it conforms to the Terms and Conditions of the Contract, the Conditions of Use, the good practice enforced in the Tourism Information System and legislation. Among other things, the Content has to be accurate, valid, thorough and relevant.
7.2 The following must not be added to or linked from the Tourism Information System:
   7.2.1 Content that is not related to the objective set out in clause 4.1 of the Terms of Use — namely, to support the growth and development of tourism exports — or that is in conflict with this objective.
   7.2.2 pornographic Content or Content that promotes violence or cruelty, insults and other Content that is in violation of general moral standards and ethical principles;
   7.2.3 Content that is misleading, derogatory towards competitors or their goods or services, or other Content that does not comply with the ban against unfair competition;
   7.2.4 Content the use of intellectual property rights of which in the Tourism Information System no consent has been acquired from the owner of the rights (author, performer, licensee, employer, database maker, phonogram producer, producer, issuer, trademark owner or their successor, etc.);
   7.2.5 value judgments aimed at defaming the name and reputation of another person, humiliating, mocking or insulting them. Action with such an aim can be, for example, defamation or retaliation, as well as incitement to conflicts, inappropriate disputes or mob justice, incitement to hatred, persecution and discrimination based on sex, racial or ethnic origin (including nationality), beliefs or religion, as well as property, social status or other circumstances;
   7.2.6 personal data without the permission of the respective data subject;
   7.2.7 confidential information without the permission of the person to whom confidentiality is assumed;

   7.2.8 viruses or other computer programmes and files that damage with, or otherwise interfere with, the normal operation of the Tourism Information System, or that are stored on the computers of the Administrator or Users and interfere with or impair their normal operation.
7.3 The Tourism Information System may be used for the transmission of information, advertising, marketing information, commercial communications and offers through the Services provided specifically for this purpose and in the prescribed format, taking into account the instructions and guidelines given by the Administrator or the Administrator's representatives.
7.4 The Administrator is not liable for:
   7.4.1 Content added to or published by the User on the Tourism Information System;
   7.4.2 the User having the necessary rights of representation and permits to sell particular goods or services or to transmit information, advertisements, marketing information, commercial notices or offers concerning those goods or services, except for checking that accommodation companies have the necessary registration on the register of economic activities.

8. Content management

8.1 The Administrator regards the User as a publisher of Content.
8.2 The Administrator has the right to inspect the Contents that the User has added to the Tourism Information System and the User's actions in the Tourism Information System.
8.3 The Administrator is not required to monitor User activity or information or Content cached or stored on or transmitted through the Tourism Information System by Users. The Administrator is not obligated to be on the lookout for facts or circumstances that indicate illegal activities. However, the Administrator is required to provide the competent authorities, upon request, with information enabling them to identify the Users with whom the Administrator has concluded a Contract.

8.4 If a respective complaint is filed to the Administrator or it becomes evident that the Content provided by the User to the Administrator or added to the Tourism Information System does not comply to the Contract, the Conditions of Use, the good practice enforced in the Tourism Information System, or legislation, then the Administrator has the right to:
   8.4.1 refuse to add non-compliant Content to the Tourism Information System or its publication on the Website;
   8.4.2 amend or delete the non-compliant Content or part thereof to the extent that it is necessary to ensure that the Content complies to the Contract, the Conditions of Use or legislation, unless it significantly distorts or renders the Content incomprehensible;
   8.4.3 inform the User of non-compliant Content;
   8.4.4 demand that the User bring the non-compliant Content into compliance with the Contract, the Conditions of Use, the good practice enforced in the Tourism Information System or legislation;
   8.4.5 remove the non-compliant Content from the Website, restrict access to it or delete the non-compliant Content.
8.5 The Administrator can publish again or reinstate access to Content that has been removed from the Website due to a complaint if convincing evidence of the Content's compliance with the Contract, the Conditions of Use, the good practice enforced in the Tourism Information System or legislation (e.g., the author's written consent to use the photo on the Website) has been submitted to the Administrator.

9. Intellectual property rights

9.1 The Tourism Information System and any part thereof may be protected by intellectual property rights belonging to the Administrator, its licensors, users or third parties.

9.2 The Administrator grants to the User, including a User who is a legal person, in their everyday economic activities a free, non-exclusive licence to use the Tourism Information System for the purpose of obtaining and transmitting information throughout the world to the extent that the corresponding intellectual property rights belong to or have been licensed to the Administrator, and until their expiry, for one or more of the following methods of normal use:
   9.2.1 browsing pages of the Website and accessing the Content made available on the Website;
   9.2.2 submitting requests to the Database through the technical solution set out for this purpose by the Administrator on the Website;
   9.2.3 adding Content to the Website through the technical solution set out for this purpose by the Administrator;
   9.2.4 forwarding Content made available on the Website to third parties outside of the Website by using the technical solution set out for this purpose by the Administrator to do so.
9.3 The use of the intellectual property rights of the Tourism Information System is limited to cases clearly recognized in the Conditions of Use. In other cases, the permission of the respective holder of rights must be sought out for the use of intellectual property rights related to the Tourism Information System.
9.4 The User must seek prior consent of the Administrator, at least in a format that can be reproduced in writing, if the User wants to:
   9.4.1 grant sub-licences for the use of the Tourism Information System, except for the use of the Tourism Information System on behalf of the User;
   9.4.2 to process the Tourism Information System or any part thereof, or to create Content based on it for new Tourism products and services, except in cases where the information is lawfully accessible public data via the Tourism Information System;

   9.4.3 reproduce (copy), distribute, transmit, translate, make available to the public, switch to other databases or otherwise use the Tourism Information System or any parts thereof in a way that surpasses the limits of normal use of the Tourism Information System or any part of it, except if the owner of the intellectual property rights of the respective part has provided their consent for this.
9.5 If the User adds Content to the Tourism Information System, the User must ensure that they have the corresponding intellectual property rights to that Content or have the permission of the respective intellectual property rights holder so that the Content can be legally added to the Tourism Information System and used in the Tourism Information System in accordance with the Conditions of Use.
9.6 If any holder of intellectual property rights of the Content is part of any organisation that collectively represents authors or performers or has signed a representation contract with an agency or other similar representation establishment that has intellectual property rights concerning the Content or that has the right to represent the aforementioned persons connection with the exercising of their intellectual property rights with respect to the Content, the User must ensure that they have made the necessary agreements with this organization so that the respective Content and related intellectual property rights can be used in the Tourism Information System in accordance with the Conditions of Use. Otherwise, the Administrator has the right to conclude the necessary agreements directly with the relevant organization or immediately terminate the Contract unilaterally by submitting a corresponding statement to the User.

9.7 By concluding the Contract, the User gives the Administrator an international non-exclusive licence for free to use added Content and related intellectual property rights with the right of sub-licensing under the same conditions as those of the aforementioned licence, but without restrictions to third parties or technologies used, for the purpose of increasing tourism exports and developing domestic tourism, including research projects, for commercial gain and promotion, until the expiry of the respective intellectual property rights. The license also covers use on any new platforms, new technologies or other forms of service that the Administrator may link with the Tourism Information System in the future (touch-sensitive kiosks, web-based solutions for mobile phones and tablets, mobile applications, etc.). On the basis of this licence, the Administrator has the right to do the following with Content that a User has added:     
   9.7.1 reproduce (copy) – to make one or more temporary or permanent copies of the Content or a part thereof, directly or indirectly, in any form or in any manner, including for the purpose of saving it in the Tourism Information System;
   9.7.2 distribute – to transfer copies of the Content or make the Content available to the public or any third parties, including by sharing copies of the Content on other websites, portals, and information services; 
   9.7.3 translate – to compile, publish and supplement translations of Content into various other languages;
  

 9.7.4 process – to modify, adapt, edit, supplement, improve, or add other Tourism products or services to the Content (such as illustrations, comments, explanations, new sections, etc.), and to create new Tourism products or services through the further development of the Content (including compilations of Content, derivative works, databases, collective works, joint works, etc.).
Processing shall include, among other things, changing the dimensions or other parameters of photos, renaming files, improving photo quality, correcting typographical errors and factual inaccuracies in texts, etc.
   9.7.5 systematise and compile into collections-to analyse and organize Content, add it to the Database and compile and publish Content collections;
   9.7.6 exhibit-to display the Content directly to the public or through a film, slide, television or any other technical device or process;
   9.7.8 forward- to transmit Content via radio, television and satellite, and cable retransmission, as well as to direct the work to the public through other technical means;
9.8 make available to the public (to be transmitted on the Internet)-to make the Content available to the public in such a way that individuals can use the Content at a place and time of their choosing;
9.9 If the User has included the Content author's name, Content title and/or Content source when adding the Content to the Tourism Information System, the Administrator is obligated to display those details with the Content. The Administrator is not responsible for the accuracy, validity, completeness or relevance of the Content author's name, title and/or source. In accordance with § 12 (2) of the Copyright Act, the author has the right to decide whether and how to mark their work; the User must ensure that the author’s personal data is processed with their consent and that the Content is marked as instructed by the author.

9.10 The Administrator is not responsible for the consequences caused to the User or third parties in relation to the intellectual property rights of Content added to the Tourism Information System or disclosed there by the User, incl. damages, if the Administrator has done everything that can be reasonably expected of them to prevent or reduce such consequences. All disputes shall be resolved, and the costs shall be borne by the User.

10. Transactions between Users

10.1 The Administrator does not participate (as an agent, broker, commissioner, representative, etc.) in actual sales or other transactions made by the Users, that are conducted as a result of published information, advertising, marketing information, commercial communications and offers posted on the Website, unless otherwise provided in the Conditions of Use.
10.2 The Users conclude transactions without the intervention of the Administrator and are fully responsible for the performance of the transactions concluded between them, excl. cases where a corresponding exception has been made in the Conditions of Use.
10.3 If the User is represented by another person at the conclusion of the transaction, the User shall be responsible for ensuring that this other person is clearly recognizable to third parties as the User's representative and that their representative has the necessary authorisation to conclude the transaction.
10.4 The Administrator is not liable for:
   10.4.1 the negotiations, conclusion and performance of the contract between the Users, including (but not limited to) payment, delivery of goods, provision of services, contractual conditions, guarantees and other terms of the contract between Users;
   10.4.2 solving disputes that have occurred between Users;
   10.4.3 if the User modifies information, advertising, marketing information, commercial notices or offers submitted by them to the Tourism Information System.

11. Protection of Personal Data

11.1 The Administrator is the data controller of the User’s Personal Data. The Administrator may collect Personal Data during the conclusion of the Contract with the User, in the provision of Services, and otherwise in connection with the use of the Website, in accordance with the Conditions of Use. Personal Data is collected in a format that can be reproduced in writing or in writing. When providing any of the Services, the Administrator stores the IP address of the User’s computer for the purpose of ensuring system security and compliance with the Conditions of Use of the Service.
11.2 The legal basis for processing the User’s Personal Data under the terms and to the extent specified in the Conditions of Use is the Contract concluded between the User and the Administrator.
11.3 The User has the right at any time to request access to their Personal Data, to request the rectification, restriction, or transfer of the data, to object to its processing, or to request the termination of processing and the deletion or closure of the collected Personal Data, including the closure of their user account. This does not affect the lawfulness of processing carried out before such a request. If the provision of Services is not possible without such Personal Data, the submission of such a request shall be deemed a unilateral termination of the Contract by the User, and the Administrator has the right to cease providing the Services. Where the legal basis for the processing of Personal Data is consent, such consent may not be withdrawn retroactively.
11.4 The User has the right to submit a complaint concerning unlawful processing of Personal Data to the Estonian Data Protection Inspectorate or to the court.
11.5 The Administrator stores information on communication with and activities of the User or their representative in electronic form for up to 5 years and may, if needed, make extracts in other formats.

11.6 The Administrator uses the Personal Data for:
   11.6.1 the performance of the Contract concluded with the User;
   11.6.2 the provision and improvement of Services;
   11.6.3 the segmentation of Users and personalization of Services;
   11.6.4  the introduction and offering of cooperation opportunities and the services and products of partners, where related to the Tourism Information System and its Services;
   11.6.5 the analysis of User needs and, based on the results, the development of the Tourism Information System in a way that better meets User expectations and behavior;
11.6.6 the fulfilment of obligations arising from legal acts (e.g., the transfer of data to investigative authorities, etc.);
   11.6.7 the protection of its violated rights (e.g., the transfer of data to the Administrator’s legal representative, etc.).
  11.7  The Administrator does not transfer Personal Data regarding a User of the natural person using the Tourism Information System on their behalf to third parties, except when this has been set out in the Conditions of Use or in the conditions for processing of personal data that have been published on the website of Estonian Business and Innovation Agency eis.ee/en/personal-data-processing. For example, the Administrator shall transfer the User's data:
   11.7.1 to the Public on the Website, if the User has marked, through their user account, that kind of data as their contact details and consented to its publication;
   11.7.2 to regional representatives, advisers and co-operation partners for the management of the Tourism Information System or its parts;
   11.7.3 for conducting market research, in a previously anonymized form, for analysing the possibilities for tourism export and developing domestic tourism, and for marketing of the Tourism Information System (both directly and through communication channels).

11.8 The Administrator does not use the contact details of the User or the natural person acting on their behalf for sending information unrelated to the Tourism Information System, nor are such details added to mailing lists not directly related to the Tourism Information System without their consent.
11.9 The User or the natural person using the Tourism Information System on their behalf, has the right to object to receiving information, advertising materials, marketing information, commercial notices and offers sent by the Administrator, by sending a corresponding application to the Administrator.
11.10 Personal Data is processed in accordance to the Personal Data Protection Act and the General Data Protection Regulation.
11.11 The processing of Personal Data in the extent that it is not regulated here is subject to conditions for the processing of data published on the website eis.ee/en/personal-data-processing.

12 Quality and accessibility of the Tourism Information System and Services

12.1 The Tourism Information System and Services are operated according to the "As is".
12.2 The Administrator constantly updates the mechanisms of operation of the Tourism Information System in order to improve the quality of the Services and adds new functionalities to the Tourism Information System.
12.3 The User agrees to and confirms, upon the conclusion of the Contract and upon acceptance of the Conditions of Use that:
   12.3.1 the form and characteristics of the services and the Tourism Information System may change from time to time and be renewed without prior notice;
   12.3.2 the Administrator may discontinue (permanently or temporarily) the provision of the Services or any part of the Services at their discretion to perform maintenance and/or development work, by notifying the User thereof at least three business days in advance via the User's user account on the Website;
 

 12.3.3 some Services and functionalities of the Tourism Information System may cease to exist after some time;
   12.3.4 the Administrator may, in addition to the Website, introduce other platforms and technologies and link them to the Tourism Information System (touch-screen kiosks, web solutions for mobile phones and tablets, mobile applications, etc.);
   12.3.5 the Administrator has the right to terminate the provision of the Services, as well as the maintenance and development of the Tourism Information System in accordance with legislation.
12.4 The Administrator is not liable for:
   12.4.1 temporary discontinuance of the provision of Services or any part thereof, if this occurs in the course of maintenance and/or development work, of which the User has been notified;
   12.4.2 if the User's mobile operator, internet service provider or other communications and telecommunication companies do not allow the User to access the Tourism Information System or to use a Service;
   12.4.3 errors, damages or settings unfit for using the Service in the User's hardware, devices or software used on those, nor for the consequent results, incl. damages.
   12.4.4 for reviews that have been collected and processed by TripAdvisor or any other similar platform. A link to TripAdvisor or another such platform’s reviews is included on the respective Tourism product or service page on the Website.

13. Displaying and parameters of search results

13.1 The user can perform the Website search though the search window in the header of the Website, general search page, and map application, using keywords and tags.
13.2 In searches using keywords and tags, specific keyword-related rules determine the order of search results to show the most accurate possible matches. The user can enter a search term or tag into the search box, and the system will suggest relevant matches based on the input provided.
13.3 When selecting Tourism products and services, the following preferential display rules are applied when ranking the results:
   13.3.1 products with quality labels (e.g., Green Key, Michelin stars, etc.) appear first;
   13.3.2 other items are shown in random order.

14. Administrator's legal remedies

14.1 If the User violates the Conditions of Use, the good practices enforced in the Tourism Information System, the instructions established by the Administrator or its representatives, additional instructions issued by them or legislation, the Administrator shall have the right, depending on the gravity of the violation, to temporarily:
   14.1.1 restrict the User's rights of use concerning the use of the Tourism Information System or Services;
   14.1.2 to block a User's user account on the Website;
   14.1.3 prevent access of the IP address of the computer of the User or the natural person using the Tourism Information System to the Tourism Information System or any part thereof;
   14.1.4 provide a reasonable additional deadline for the elimination of the violation and, in the case of failure to do so, to terminate the Contract.

14.2  If the User repeatedly or otherwise seriously violates the Conditions of Use, the Administrator shall have the right to:
   14.2.1 ban the User from using the relevant Service;
   14.2.2 delete the User's user account on the Website;
   14.2.3 ban access to the Tourism Information System or any part thereof for the IP address of the computer of the User or the natural person using the Tourism Information System on their behalf;
   14.2.4 terminate the Contract without prior notice.
14.3 Among other things, the Administrator has the right to block access to the Tourism Information System or any part thereof for any person who uses the Tourism Information System without the Administrator's consent in any other way or purpose than provided for in the Conditions of Use.
14.4 If a User publishes content via the Tourism Information System that infringes third-party rights or violates laws, and a complaint or claim is submitted, the Administrator may restrict its display on the Website. The Administrator may also provide the User's contact details to the complainant or claimant if necessary.
14.5 The Administrator may also apply other remedies provided for in the Contract, Conditions of Use, or legislation.
14.6 If the Administrator applies remedies, then as a result, the User may lose access to the Services, the Content, their user account data, or any other part of the Tourism Information System.

15. General restrictions of the Administrator's liability

15.1 If the User violates the Terms of Use, the good practices applicable in the Tourism Information System, the guidelines established by the Administrator or its representatives, any additional instructions provided by them, or legal acts, the Administrator has the right, depending on the severity of the violation, to temporarily:
   15.1.1 restrict the User’s access rights to use the Tourism Information System or the Services;
   15.1.2 block the User’s account on the Website;
   15.1.3 deny access to the Tourism Information System or any part of it from the User’s IP address;
   15.1.4 set a reasonable additional deadline for the User to remedy the violation and, if not fulfilled, terminate the Agreement.
15.2 If the User repeatedly or otherwise significantly violates the Terms of Use or fails to remedy a violation within the deadline set by the Administrator, the Administrator has the right to:
   15.2.1 prohibit the User from using the respective Service;
   15.2.2 delete the User’s account on the Website;
   15.2.3 block access to the Tourism Information System or any part of it from the User’s IP address;
   15.2.4 terminate the Agreement or close the user account without prior notice.
15.3 Additionally, the Administrator has the right to block access to the Tourism Information System or any part of it for any person who uses the System in a manner or for a purpose not authorized by the Administrator or not set out in the Terms of Use.

15.4 If the User has published Content in the Tourism Information System that infringes the rights of a third party or violates legal acts and a related complaint or claim for damages is submitted to the Administrator, the Administrator has the right to restrict the display of such Content on the Website and to forward the contact details of the User who published the Content to the complainant or claimant, if necessary.
15.5 The Administrator may also exercise other legal remedies provided in the Agreement, the Terms of Use, or legal acts to protect its rights.
15.6 If the Administrator exercises legal remedies, the User may lose access to the Services, Content, their account data, or any part of the Tourism Information System as a result.
15.7 The Administrator is not liable for:
   15.7.1 a violation committed in or sustained by the Tourism Information System or its consequences, or consequences thereof of which it is unaware or concerning which it has actively taken measures to terminate the violation or to eliminate the consequences. If the Administrator becomes aware of a violation committed in or sustained by the Tourism Information System, it will do everything reasonably expected of them to bring such a violation to an end and to eliminate its consequences;
   15.7.2 the damage caused to the User or third parties as a result of the Administrator exercising remedies (e.g., removing infringing Content from the Tourism Information System or restricting access to it, limiting the User’s rights or access to their account or the System), if necessary due to a complaint, suspected violation, or the fact that the Content or the User’s behaviour breaches the Terms of Use, good practice in the System, or the law. In such cases, the Administrator is not liable even if the complaint was unfounded or no violation is later confirmed;

   15.7.3 the non-performance or other violations of the Services, the Tourism Information System or any part thereof, if it has been caused by the occurrence of force majeure. Force majeure is deemed to be any unforeseen event that does not depend on the Administrator or the User, or over which they have no control, including fire, explosions, natural disasters, lightning strike, war, decisions of the authorities and government, as well as interruption of the internet connection, payment services (bank link, credit card, etc.) technical failures, cyber attacks, etc.;
   15.7.4  in other cases set out in the Contract, the Conditions of Use or legislation.

16. Final provisions

16.1  Legislation of the Republic of Estonia is applied to legal relations between the User and the Administrator concerning the use of the Tourism Information System and the Services.
16.2 If any of the Conditions of Use proves to be invalid due to non-compliance with legislation, that will not affect the validity of other conditions.
16.3 If a dispute between the User and the Administrator cannot be resolved through negotiations, the dispute shall be resolved in accordance with the legislation of the Republic of Estonia.
16.4 The User has the right to terminate the Contract at any time. The User has the right to withdraw from the Contract within 14 days from the conclusion thereof.
16.5 The Administrator has the right to unilaterally change the Conditions of Use in accordance with the development of the Services and the Tourism Information System. The Administrator may change the Conditions of Use if:
   16.5.1 this is due to a change in the current legislation or in its interpretation;
   16.5.2 the introduction of a new Service or the termination of the provision of a previous Service;
   16.5.3 a binding court judgment or administrative act requires the amendment of the Conditions of Use;
   16.5.4 necessity to enhance protection of Personal Data;

   16.5.5 technological developments that improve the management of the Tourism Information System or the quality and security of the Services.
16.6 The Administrator shall inform Users of amendments to the Conditions of Use via the Website. The Administrator may also notify each User individually by email, but is not liable for the non-receipt of such an email if the email address provided by the User is not functioning or if there are other User-related issues preventing the receipt of the email.

These Terms of Use are effective as of 1 March 2025.